(영문) 서울고등법원 2014.05.16 2014노795 | 리걸엔진

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(영문) 서울고등법원 2014.05.16 2014노795

성폭력범죄의처벌등에관한특례법위반(특수강간)

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All the judgment below against the Defendants is reversed.

Defendants shall be punished by imprisonment for not less than two years and six months.

(b).

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) that the court below sentenced against the Defendants (e.g., imprisonment of two years and six months) is too unreasonable.

2. The crime of this case is deemed to have sexual intercourse among the Defendants by taking advantage of the victim’s failure to resist, who is 18 years of age, in order to satisfy their own sexual desire, and the nature of the crime is very poor. Defendant A also took the victim’s cell phone device to be reported, and the victim suffered huge mental shock and pain due to the crime of this case, and this may considerably obstruct the victim’s formation of sound sexual values.

On the other hand, all of the Defendants agreed with the victim at the stage of investigation and submitted a written agreement that the victim would not be punished against the Defendants, and submitted a written application to the court that the victim would not be punished against the Defendants by the truth-finding, and that the Defendants currently are relatively young and has no criminal punishment so far, and the Defendants are now at the age of 19 years, and they are in violation of depth by recognizing all the facts of the crimes in the past. The Defendants’ crime is not a means of assault or intimidation, but a relatively obvious social relation between the Defendants, and the Defendants appears to have resulted in contingent crimes while drinking.

In addition, in full view of the following conditions: the Defendants’ age, character and conduct, environment, motive and background of the instant crime, means and consequence, etc., the lower court’s punishment against the Defendants is somewhat inappropriate.

Therefore, the defendants' arguments are justified.

3. Accordingly, the defendants' appeal against the judgment below is justified. Thus, Article 364 (6) of the Criminal Procedure Act is applicable.

참조조문

-형사소송법 제364조 제6항

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